Ready to dive into the party world of Email Compliance?!
Yeah, I know it sounds like a real snooze fest, but I’m gonna make it as FUN as possible.
If you’re running an email list for your business (please tell me you have an email list for your business?) then you’ve probably heard of email compliance by now. And if you’re like me the first time I heard it, you’re goin’…Huh?
I’m about to unravel the mystery for you so you can click away with a solid understanding of the basic rules and regulations, plus an easy, quick list of Do’s and Dont’s to protect your people and your business online when it comes to email compliance.
Let’s go!
General Data Protection Regulation (GDPR)
Did I lose you at GDPR?
It sounds like a government agency with long wait times and jazz music on the speakers. It is government stuff, but thankfully no mind jumbling background melodies while you wonder where the years have gone.
General Data Protection Regulation (GDPR) was created by the European Union in 2018 to keep everyone on the internet safe and personal info private. Meaning any company that stores personal data of EU inhabitants via cookies and other internet sources for capturing user activity and data is required to protect their users’ privacy rights like a boss.
AKA if someone doesn’t give you EXPLICIT consent to email them about your business, you could end up in SPAM jail, incur massive fines for violations, and worse—blacklisted.
GDPR also says individuals have the right to access, rectify, and delete information about themselves that businesses (like yours and mine) collect and hold. Making it crystal clear about how you’re going to use your customer’s data is about more than being considerate and building trust. It’s the law! In technical terms, this is usually referred to as the lawful basis for personal information processing.
Failure to comply with GDPR can lead to hefty fines from regulators.
(Anyone else hearing Emilio Estevez yell, “Regulators! Saddle up!)
Short story: Only grow your email list with people that asked to join or opted in themselves. Consent is king when it comes to email marketing.
CAN-SPAM
The newest dance move or another email compliance regulation?
If you guessed our old compadre, Email Compliance, then you’re a winner winner chicken dinner, my friend! Because email compliance is for everyone, not just the European Union.
The CAN-SPAM Act stands for Controlling the Assault of Non-Solicited Pornography And Marketing Act, and has a few key guidelines to follow.
- No “false or misleading header information” including domain names and from addresses—i.e., don’t call your domain and email address “lotusyoga” and then send out emails about ED.
- No deceptive subject lines. You can still have fun, just don’t promise the secrets to being a great dog mom, then send an ad for ED.
- Make it clear in your email sign up that you WILL be sending marketing emails.
- No buying or “harvesting” emails address
- ; subscribers must consent to be on your list.
- You must include a business address at the bottom of every email.
- You absolutely must include an unsubscribe button in every single email.
- If someone unsubscribes, remove their email from your list within 10 days.
- Most email service providers automatically include points 4, 5, and 6, but the responsibility to comply is ultimately yours, not theirs.
The penalties for not following the CAN-SPAM rules can be severe.
Like…
- Heavy fines
- Legal action
- Criminal charges
- Blacklisting or damaging your sender reputation—this one is the most relevant for most online business owners like you and me, and can mean: all your emails go to spam or your messages get blocked entirely by Gmail, Outlook, and Yahoo.
Number 4 is REAL and why you need to take Email Authentication and the three bears, “spf, dkim, dmarc” seriously.
Frequently Asked Questions about Email Compliance
What Is The Difference Between GDPR And CAN-SPAM?
On a basic level, GDPR is an expansive European Union regulation that affects any company holding personal data of EU citizens. It requires companies to meet higher standards for data protection compared to other regulatory frameworks like CAN-SPAM.
The CAN-SPAM Act was created as part of U.S legislation protecting internet users from spam emails. Both are important pieces of legislation when sending promotional material via email; however, they have different purposes which should be kept in mind when crafting campaigns or updating your customer database.
How Do I Know If My Business Is Subject To CCPA Compliance?
If you’re running a business, it’s important to understand whether or not your company is subject to CCPA compliance.
All companies that collect the personal information of California residents are required to be in line with this law.
This means putting policies and procedures in place for collecting, using, disclosing and protecting consumer data.
To determine if your business falls under this umbrella, take a look at what type of customer data your company collects; if it’s from Californian citizens then it’s essential that you comply with CCPA requirements!
What Penalties Might I Face For Non-Compliance With Email Marketing Laws?
Email compliance is a must for any business engaging in email marketing, and there are serious penalties if you don’t comply.
You could face fines or other legal action from federal agencies like the FTC or FCC, as well as individual states’ attorney generals.
In some cases, non-compliance can even lead to criminal prosecution!
So it’s important that you understand all relevant regulations before hitting send on your emails.
